6.1. SR 10-15-2007 - Laserfiche WebLink

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Ross and Debra Hjermstad 18175 Denver St NW, Elk River Application for Variance to Setback September 19, 2007 1. That literal enforcement of the ordinance would cause the applicant undue hardship. We desire to build an accessory structure on tc the side of our garage which is essential far the needs of our family. Due to the layout of our lot, the location along the side of the garage is the only location suitable for this addition. Currently, a 35 ft. setback on our crorner lot prohibits us from buildirig an accessory structure onto the side of our garage. Without a variance to the setback we would not be able to build this accessory structure. The garage side is near the setback and a variance would allow us to build the accessory structure addition 15 ft. into the setback area, leaving 20 ft. open space between the addition and the property line facing Mississippi St. 2. That the hardship is caused by special conditions and circumstances which are peculiar to the land and the structure involved and which are not charactedstics of or applicable to other lands or structures in the same district. • The walk-out layout of our lot causes a sever sloping to the backyard, which we have lessened by installing concrete steps and athree-tiered 20 ft. boulder wall. The contractor has advised us that it would be cost prohibitive to excavate and level off the backyard or other areas of the side yard to build this addition outside of the setback area. 3. That the special conditions and circumstances are not a consequence of the applicant's own action or inaction. • The sever sloping to the backyard is the natural lay of the land, slightly enhanced into awalk- outdesign by the land developer prior to our purchase of the lot. 4. That the literal application of the provisions of the Ordinance would deprive the applicant of rights enjoyed by others properties in the same district under the terms of the Ordinance. We are aware of many homeowners in the district who enjoy the beneft of an accessory structure. Our wmer lot has two 35' setbacks which limits the options for placement of the addition on our lot. Further, the sever sloping to the backyard prevents an addition in other areas. By granting this variance to the setback, we will be able to build the accessory structure necessary for cur family. 5. That the variance will not be injurious to or adversely affect the health, safety, or welfare of the residents of the City or the neighborhood wherein the property is situated and will be in keeping with the spirit and intent of the Ordinance. We have had an opportunity to discuss our preliminary plans with our immediate neighhors and have received only positive reactions, no negative comments at all. We intend to have the surrounding side yard professionally landscaped for enhanced visual appeal facing Mississippi St. The exterior of the addition will be designed with the same brickwork and window/door design as the front of the home for continuity. We do not feel the addition will encroach upon the safety of residents or commuters along Mississippi St. C?~T'~'E~?~S~~V~~4i~`~C3